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RTC TRANSPORT, INC. v. WALTON

No. 12537-8-III.

72 Wn. App. 386 (1994)

864 P.2d 969

RTC TRANSPORT, INC., Appellant, v. WILLIAM H. WALTON, Individually and as Personal Representative, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

January 6, 1994.

Attorney(s) appearing for the Case

Joseph D. Hampton, James A. Perkins, and Bogle & Gates, for appellant.

Harold B. Field and Murray, Dunham & Murray; James D. Maloney and Weeks & Skala, for respondents.

STAPLES, J.*

Yakima County Superior Court granted RTC Transport, Inc.'s motion to amend its negligence complaint for property damages to add a claim for cargo damages. The court then ruled the amendment would not relate back and summarily dismissed the new claim because the statute of limitation had run. RTC contends the court erred by dismissing the claim because (1) it was encompassed in...

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